2: Definitions

Plain-Language Summary

A general explanation to aid understanding. The official statutory text appears below.

This section defines the following terms used in The Khyber Pakhtunkhwa Tenancy Act, 1950: • land — land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the sites of buildings and other structures on such land or to any right or interest in any such land • rent — whatever is payable to a landlord in money or kind by a tenant on account of the use or occupation of land held by him • arrear of rent — rent which remains unpaid after the date on which it becomes payable • tenant — a person who holds land under another person, and is or but for a special contract would be, liable to pay rent for that land to that other person, but it does not include:— [(a) the predecessors and successors in interest of a tenant; or] [(aa)] an inferior land-owner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm under the Punjab Land Revenue Act, 1887 for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear, or (d) a person who takes from the Government a lease of unoccupied land for the purpose of subletting it • landlord — a person [including his predecessors and successors in interest] under whom a tenant holds land and to whom the tenant is or but for a special contract would be, liable to pay rent for that land; (vii) [Deleted] (viii) "tenancy " means a parcel of land held by a tenant of a landlord under one lease or one set of conditions • estate — any area:— (a) for which a separate record of right has been made: or (b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for, or redeemed ; or (c) which the [Board of Revenue ] may, by general rule or special order, declare to be an estate, • land revenue — land revenue assessed under any law for the time being in force or assessable under the Punjab Land Revenue Act, 1887, and includes:- (a) any rates imposed in respect of the increased value of land due to irrigation, and (b) any sum payable in respect of land, by way of quit-rent or of commutation for service, to the Government or to a person to whom the Government has assigned the right to receive the payment • rates and cesses — rates and cesses which are primarily payable by land owners, and includes:- (a) the local rate, if any, payable under the Punjab District Board Act, 1883, and any fee leviable under Section 33 of that Act from Land-owners for the use of or benefits derived from such works as are referred to in Section 20 clauses (i) and (j) of that Act; (b) any annual rate chargeable on owners of land under Section 59 of the Northern India Canal and Drainage Act, 1873; (c) the zaildari and village officer's cesses; and (d) sums payable on account of village expenses • Legal Practitioner — any legal practitioner within the meaning of the Legal Practitioners Act, 1879, except a muktar; (xvii) "agricultural year" means the year commencing on such date as the Provincial Government may by notification appoint for any local area; (xviii) ''notification" means a notification published by authority of the Provincial Government [or the Board of Revenue] in the official Gazette • occupancy tenant — a tenant who has the right of occupancy under Section 5 or is deemed to have such right under Section 6 or is taken to have such right under Section 7 or has acquired such right under Section 8 or continues to have such right under Section 11 of the Punjab Tenancy Act, 1887, or is deemed to have such right under Section-5 of the Hazara Tenancy Regulation, 1887 and shall include the heirs and successors of such occupancy tenant This is the official statutory text, shown as written — it is not a paraphrase or a legal opinion. Consult a verified lawyer to see how it applies to your specific situation.

In this Act unless there is any-thing repugnant in the subject or context:— (i) "land " means land which is not occupied as the site of any building in a town or village and is occupied or has been let for agricultural purposes or for purposes subservient to agriculture, or for pasture, and includes the sites of buildings and other structures on such land or to any right or interest in any such land; (ii) "pay" with its grammatical variations and cognate expressions, includes, when used with reference to rent "deliver" and "render" with their grammatical variations and cognate expressions; (iii) "rent" means whatever is payable to a landlord in money or kind by a tenant on account of the use or occupation of land held by him; (iv) "arrear of rent" means rent which remains unpaid after the date on which it becomes payable; (v) "tenant" means a person who holds land under another person, and is or but for a special contract would be, liable to pay rent for that land to that other person, but it does not include:— [(a) the predecessors and successors in interest of a tenant; or] [(aa)] an inferior land-owner, or (b) a mortgagee of the rights of a landowner, or (c) a person to whom a holding has been transferred, or an estate or holding has been let in farm under the Punjab Land Revenue Act, 1887 for the recovery of an arrear of land revenue or of a sum recoverable as such an arrear, or (d) a person who takes from the Government a lease of unoccupied land for the purpose of subletting it; (vi) "landlord" means a person [including his predecessors and successors in interest] under whom a tenant holds land and to whom the tenant is or but for a special contract would be, liable to pay rent for that land; (vii) [Deleted] (viii) "tenancy " means a parcel of land held by a tenant of a landlord under one lease or one set of conditions; (ix) "estate " means any area:— (a) for which a separate record of right has been made: or (b) which has been separately assessed to land revenue, or would have been so assessed if the land revenue had not been released, compounded for, or redeemed ; or (c) which the [Board of Revenue ] may, by general rule or special order, declare to be an estate, (x) "land revenue" means land revenue assessed under any law for the time being in force or assessable under the Punjab Land Revenue Act, 1887, and includes:- (a) any rates imposed in respect of the increased value of land due to irrigation, and (b) any sum payable in respect of land, by way of quit-rent or of commutation for service, to the Government or to a person to whom the Government has assigned the right to receive the payment. (xi) "rates and cesses " means rates and cesses which are primarily payable by land owners, and includes:- (a) the local rate, if any, payable under the Punjab District Board Act, 1883, and any fee leviable under Section 33 of that Act from Land-owners for the use of or benefits derived from such works as are referred to in Section 20 clauses (i) and (j) of that Act; (b) any annual rate chargeable on owners of land under Section 59 of the Northern India Canal and Drainage Act, 1873; (c) the zaildari and village officer's cesses; and (d) sums payable on account of village expenses. (xii) "village cess" includes any cess,- contribution or due which is customarily leviable within an estate and is neither a payment for the use of private property or for personal service, nor imposed by or under any enactment for the time being in force; (xiii) "village officer " means a Chief Headman, Headman or Patwari; (xiv) "Revenue Officer" or "Revenue Court" means a Revenue Officer or the Revenue Court having authority under this Act to discharge the functions of a Revenue Officer or Revenue Court, as the case may be, under that provision. (xv) "Jagirdar" includes any person, other than a village servant, to whom the land revenue of any land has been assigned in whole or in part by the Government or by an officer of the Government; (xvi) "Legal Practitioner" means any legal practitioner within the meaning of the Legal Practitioners Act, 1879, except a muktar; (xvii) "agricultural year" means the year commencing on such date as the Provincial Government may by notification appoint for any local area; (xviii) ''notification" means a notification published by authority of the Provincial Government [or the Board of Revenue] in the official Gazette. (xix) "occupancy tenant" means a tenant who has the right of occupancy under Section 5 or is deemed to have such right under Section 6 or is taken to have such right under Section 7 or has acquired such right under Section 8 or continues to have such right under Section 11 of the Punjab Tenancy Act, 1887, or is deemed to have such right under Section-5 of the Hazara Tenancy Regulation, 1887 and shall include the heirs and successors of such occupancy tenant; (xx) "improvement'' means with reference to a tenancy any work which is suitable to the tenancy and consistent with the conditions on which it is held, by which the value of the tenancy has been and continues to be increased, and which, if not executed on the tenancy is either executed directly for its benefit, or is after execution, made directly beneficial to it. Explanation I.—It includes among other things:— (a) the construction of wells and other works for the storage or supply of water for agricultural purposes; (b) the construction of works for drainage and for protection against floods; (c) the planting of trees, the reclaiming, enclosing, levelling and terracing of land for agricultural purposes and other works of a like nature; (d) the erection of buildings required for the more convenient or profitable cultivation of a tenancy; and (e) the renewal or construction of any of the foregoing works or such alterations therein or additions thereto, as are not of the nature of mere repairs and as durably increase their value. But it does not include such clearances, embankments, levellings, enclosures, temporary wells and waterchannels as are made by tenants in the ordinary course of cultivation and without any special expenditure, or any other benefit accruing to land from the ordinary operations of husbandry. Explanation II. —A work which benefits several tenancies may be deemed to be, with respect to each of them an improvement. Explanation III. —A work executed by a tenant is not an improvement if it substantially diminishes the value of any other part of his landlord's Property. (xxi) [ * * * * * ] (xxii) "Small Cause" means a suit of the nature cognizable by a Court of Small Causes under the Provincial Small Cause Courts Act, 1887; (xxiii) "Unclassed suit" means a suit which is neither a land-suit nor a small cause; (xxiv) "Value" used with reference to suit means the amount or value of the subject matter of the suit; (xxv) "Government" includes the Provincial and the Central Government [* * *]. (xxvi) "Landowner" has the same meaning assigned to it in the Punjab Land Revenue Act, 1887. (xxvii) "Kaghan Valley" means the area specified in the schedule to this Act; (xxviii) "Waste Land" means the land recorded at settlement as Shamilat or common land or which has been specifically reserved as a grazing ground or as a fuel and timber preserve of a village under any law for the time being in force, but does not include reserved forests, graveyards, sacred places, land recorded at settlement part of village site and land shown as 'Khali' 'Banjar Jadid in annual records.]

Effective date: 1950-06-20

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